California has some of the most robust domestic violence protections in the country. The state’s domestic violence laws are designed to protect vulnerable individuals, including children, from abusive figures in their homes. Those facing a domestic violence charge in Palmdale, Lancaster, or Los Angeles County not only face an uncertain future, but they may also find that their parental rights are impacted by this incident. At the Law Offices of David M. Wallin, we believe in defending the rights of the accused and working hard to keep the future as bright as possible. Our team of four exceptional attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, is standing by to assess the specifics of your situation and identify the most strategic course of action aimed at securing you the best possible outcome. With over 35 years of experience, certified criminal law specialist David M. Wallin and his top-tier team of criminal defense lawyers is prepared to fight hard on your behalf and treat you with the care and respect you deserve during this overwhelming and stressful time.
If you are facing a domestic violence charge and you are worried about how domestic violence affects custody rights, contact our office right away for a FREE CONSULTATION with us. We OFFER PAYMENT PLANS, so don’t think twice about getting in touch with us. Let’s take a closer look at navigating a custody battle with a domestic violence charge and how working with an experienced California domestic violence lawyer can maximize your chances of securing a fair and just outcome.
The Interaction Between Domestic Violence and Child Custody in California
First, it’s important to recognize the interplay between criminal law and family law when it comes to domestic violence cases. In other words, a parent facing domestic violence charges can face repercussions in family law court as well, especially if the other parent is concerned about the safety of the child while in the accused’s care. When the court is weighing whether to restrict a parent’s custodial rights due to a domestic violence charge or conviction, it will always seek to protect the safety and best interests of the child first and foremost. Under California Family Code § 3044, “there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child.” In other words, the court presumes that granting custody to a parent with a domestic violence conviction or decision against them is not in the child’s best interest. However, the team at the Law Offices of David M. Wallin, composed of four exceptional attorneys—two of which are FORMER DEPUTY DISTRICT ATTORNEYS—knows how to help you overcome this presumption and fight to secure your child custody rights. Call us today for a FREE CONSULTATION.
What Happens to Child Custody After Domestic Violence Arrests?
It’s worth noting that a judge considering how reports or charges of domestic violence will impact the defendant’s child custody rights can look back five years to see whether there are any previous acts of domestic violence or allegations that can influence this decision. Under Family Code 3044, a judge may award sole custody to the child’s other parent, citing safety concerns for the child’s well-being if allowed to be in your care. Even if you share custody with the other parent, the court may alter this arrangement and prevent you from spending time alone with your child. Instead, your only interactions with your child may occur under supervised visitation, and you may be required to attend mandatory parenting classes in order to demonstrate that you are ready to have your custodial rights restored in the future.
Overcoming the Custody Presumption and Restoring Your Parental Rights in Los Angeles County
If your custodial rights are in jeopardy, it’s essential that you recognize your rights and options. The Law Offices of David M. Wallin is standing by to help you defend your rights and identify the best strategy for overcoming the custody preemption laid out in Family Code 3044. Our outstanding team of lawyers, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, knows how to help you navigate what’s known as the 8-factor test and demonstrate to the judge that you have complied with all court orders and requirements (i.e., attending a parenting class, refraining from any other acts of domestic violence, completing a drug or alcohol counseling program, etc.). Our goal is to show the court that you are committed to your recovery and that you possess the parental fitness and emotional stability that is necessary for protecting your child’s safety and best interests.
Navigating a Custody Battle With a Domestic Violence Charge
Tense legal disputes over who gets custody of your child are understandably emotional and upsetting. Unfortunately, it’s not unheard of for one parent to accuse the other of domestic violence in order to secure a more favorable child custody agreement. If you have been the target of a false domestic violence allegation, you need reliable and effective legal defense representation right away. Or, if the other parent is using a past incident of domestic violence to deny your custodial rights, a skilled and experienced California domestic violence attorney can help you push back against these attacks and safeguard your child custody rights as much as possible. In addition to providing you with the sound legal counsel you need to maximize your chances of obtaining a fair outcome, having a trusted attorney in your corner can give you the reassurance and support you need to navigate this extremely difficult time with greater poise and confidence. Get in touch with the Law Offices of David M. Wallin today to schedule your FREE CONSULTATION.
When your legal rights are on the line, you need top-notch legal representation right away to help you move forward. With a team of four excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, the Law Offices of David M. Wallin is more than ready to provide you with the effective and reliable legal services you deserve during this challenging time. Call our Palmdale, California office today at (661) 267-1313 for a FREE CONSULTATION with a certified criminal law specialist who has over 35 years of experience in this field. PAYMENT PLANS OFFERED, so call today!
